Ernest H. “Skip” Kohlmyer, III is a Shareholder with the law firm of Shepard, Smith, Kohlmyer & Hand, P.A. in Orlando, Florida. He has served as corporate counsel for an Atlanta based collection agency. He has been in private practice for 28 years and has been defending various businesses against TCPA Class litigation since 2008. He has represented corporations, collection agencies, debt buyers, and credit reporting agencies in other compliance related matters relating to TCPA issues.
He has had the privilege to serve as either lead counsel or co-counsel in numerous TCPA matters including key Eleventh Circuit decisions in Mais v. Gulf Coast Collection Bureau, Inc. (establishing elements of prior express consent); Glasser v. Hilton Grand Vacation, (successful appellate review of defining an ATDS and “human intervention” technology)
He has been lead counsel in key district court opinions such as Pozo v. Stellar Recovery, Inc. (first opinion to define Live Vox HCI as exempt from TCPA); Reyes v. BCA Financial Services, Inc. (obtained reversal and defeat of class action utilizing Glasser opinion to prevail on ADTS issue); Pollock v. Bay Area Credit (one of the first jury trials to prevail on “prior express consent” and define “willful and knowing” jury instruction.)
Skip also has an LL.M in International Law and Business and is a certified as an arbitrator in international commercial litigation cases, including business litigation, commercial arbitration, and public entity defense litigation.
He has served in various leadership positions with ACA International and is President Elect of the Florida Collectors Association.